[HISTORY: Adopted by the Council of the City of Coatesville 10-10-1989 by Ord. No. 845-89 as Ch. 136 of the 1989 Code; amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]
The Council of the City of Coatesville, Pennsylvania, shall by ordinance authorize the construction of such sewers as it may deem necessary for the improvement of the sanitary conditions of said city and, therein, authorize the letting of contracts therefor under such terms and conditions as it may direct.
The owner or owners of any property abutting on the line of said sewer for which the tapping fee charged thereon has been paid shall, at any time thereafter, on presentation of the receipt for said tapping fee to the City Engineer, receive from said City Engineer a permit authorizing such owner or owners, his or their assigns to connect such property with said sewer.
The purpose of this Article is to establish a procedure for the use and maintenance of holding tanks designed to receive and retain sewage whether from residential or commercial uses, and it is hereby declared that the enactment of this Article is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of the City of Coatesville.
As used in this Article, the following terms shall have the meanings indicated:
- HOLDING TANK
- A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. "Holding tanks" include but are not limited to the following:
- IMPROVED PROPERTY
- Any property within the city upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in the city.
- Any individual, partnership, company, association, corporation or other group or entity.
- Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation.
The Council of the City of Coatesville is hereby authorized and empowered to undertake within the city limits the control and methods of holding tank sewage disposal and the collection and transportation thereof.
The Council of the City of Coatesville is hereby authorized and empowered to adopt such rules and regulations concerning holding tanks and sewage disposal therefrom which it may deem necessary from time to time to effect the purpose herein.
All such rules and regulations adopted by the Council of the City of Coatesville shall be in conformity with the provisions herein, all other ordinances of the city and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.
The Council of the City of Coatesville shall have the right and power to fix, alter, charge and collect rates, assessments and other charges in the area served by its facilities at reasonable and uniform rates as authorized by applicable law.
Holding tanks shall only be authorized on properties which are located in areas within the city, not served by existing sewer lines of the City of Coatesville or within two hundred (200) feet of city sewer lines.
The collection and transportation of all sewage from any improved property utilizing a holding tank shall be done solely by or under the direction and control of the City of Coatesville, and the disposal thereof shall be made only at such site or sites as may be approved by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
The owner of an improved property that utilizes a holding tank shall:
Maintain the holding tank in conformance with this Article or any ordinance of the City of Coatesville, the provisions of any applicable law and the rules and regulations of the City of Coatesville and any administrative agency of the Commonwealth of Pennsylvania.
Permit only the city or its agent to collect, transport and dispose of the contents therein.
Any person who violates any provision of this Article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than six hundred dollars ($600.) and costs or to undergo imprisonment in the county prison for a period not in excess of ninety (90) days, or both such fine and imprisonment.
In addition to any other remedies provided in this chapter, any violation of § 185-11 above shall constitute a nuisance and shall be abated by the city by either seeking appropriate equitable or legal relief from a court of competent jurisdiction.